VIJAY VATHVI Vs. SMT. CHHAYA VATHVI

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 26/03/2010 passed in Civil Suit No. 617-A/2008 by which the trial court dismissed the suit of the appellant for divorce.

(2.) Marriage of appellant husband was solemnized with the respondent on 26/04/2001 at Bhopal. As per appellant, respondent wife lived with him up to 28/07/2001 thereafter she did not return back to live with him. She made a demand that she would like to live with the appellant, if he would take a separate house. Appellant was living at that time with his widow mother and wife. Appellant pleaded that it was not possible for him to live in a separate accommodation. Appellant served a notice to respondent on 23/03/2002. He received reply on 09/04/2002 and thereafter, respondent lived with the appellant for a period of two months. She became pregnant. She gave birth of a daughter in the house of her father and mother. Appellant filed a suit for restitution of conjugal rights under Section 9 of Hindu Marriage Act. Compromise was entered between the appellant and respondent on 08/05/2008, thereafter, respondent came back to live with the appellant. She again went to her parental house on 14/08/2008 for Rakshabandhan. She did not return back, appellant tried his best that respondent will come back but she did not return back.

(3.) As per the appellant, respondent has been living separately since than. In spite of best efforts the respondent did not turn back to live with the appellant, hence, she practiced cruelty. She does not want to perform obligation of marriage. Act of the respondent amounts to cruelty, hence, decree of divorce be granted in favour of the appellant.